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(영문) 서울행정법원 2016.04.14 2015구합50511

유족급여및장의비부지급처분취소

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1. On June 19, 2014, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On July 31, 1993, the Plaintiff’s husband (CB, hereinafter “the deceased”) worked in the Da apartment management office in the militaryposisisi, and caused cerebral typhism, which was recognized as an occupational accident and was subject to the Defendant’s medical treatment approval. After that, the Plaintiff’s her husband’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

B. The Plaintiff asserted that the deceased’s death constitutes an occupational accident and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant, but on June 19, 2014, the Defendant rendered a decision on the survivors’ benefits and funeral funeral expenses (hereinafter “instant disposition”) on the ground that “the deceased’s death was caused by the aggravation of an individual disease unrelated to brain flasing, and thus, there is no risk of proximate causal relation as it was found that there was no diagnosis by the deceased’s death before his death and there was no change in the aged’s heart equipment stand and the senior’s elderly’s gender to the deceased.”

C. The Plaintiff dissatisfied with the request for examination against the Defendant, but was dismissed on October 6, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2-2, Gap evidence 9-1, 2-2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The following facts are acknowledged as follows: Gap evidence 3, Gap evidence 5-1 to 6, Gap evidence 6-1 and 2-2, and the medical corporation of this court's fact inquiries and answers to the Korean Medical Foundation of the Korean Medical Center of the Korean Medical Center and the E-MaMasan Medical Center, the results of the examination entrustment of medical records by the head of Samsung Seoul Hospital and the overall purport of the arguments, and the facts in violation of Gap evidence 5-7 and 8 are not believed.

1) The Deceased’s health condition, etc. (A) was treated with brain-explosion in around 1993, but the Deceased was suffering from the brain-explosion, but the right paralysis and the mouth disability.